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HomeMy WebLinkAbout2002/06/11-Minutes-City Council CITY COUNCIL MEETING JUNE 11, 2002 Date & Time On the 11th day of June, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 7:08 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Harold Bullock, Hope Community Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wentworth, the minutes of the regular meeting of June 4, 2002, were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Roaring Presentations Lambs International Junior Golf Academy Day to Ms. Gladys Lee, Founder, Executive Director and Coach of the academy. Ms. Lee expressed appreciation to the Council for the proclamation and to the people of Fort Worth for their support. She added that the team would proudly represent the City in Orlando, Florida, at the Tiger Woods Junior Golf Clinic. Mayor Pro tempore McCloud and Council Member Picht presented each member of the team with a City pin. Council Member Haskin introduced Mr. David Holt and members of the Tumbleweed Gymnastics Team. Mr. Holt thanked the Council for their continued support and announced that the boys' team received second place honors for the State of Texas during the April 2002 competition. He introduced Ms. Tessa Skinner who qualified for the World Team for the Special Olympics to be held in Ireland this year. Ms. Skinner performed the floor exercise routine that qualified her for the Special Olympics. Announcements Council Member Lane announced that he and representatives from the City recently met with Mr. Tony George, President of the Indy Racing League. Mr. George toured the new Convention Center facilities and stated that the organization would consider bringing the Indy Racing League banquet back to the Fort Worth CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 2 of 22 Convention Center. Mr. Lane expressed appreciation to everyone involved with the Convention Center stating that the new facilities were a positive move for the City. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. L-13321 be withdrawn from the consent agenda. Council Member Haskin requested that Mayor and Council Communication No. P-9617 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. L-13321 be withdrawn from the agenda. Staff Consent Agenda On motion of Mayor Pro tempore McCloud, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. OCS-1286 There was presented Mayor and Council Communication No. OCS- Claims 1286 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1287 There was presented Mayor and Council Communication No. OCS- Continued for 1287 from the Office of the City Secretary recommending that the One Week City Council adopt a resolution canceling regular City Council meetings of July 2, 2002, December 24, 2002, and December 31, 2002; changing date of City Council meeting of August 6, 2002, to August 8, 2002; and changing time of City Council meeting of December 3, 2002 from 7:00 p.m. to 10:00 a.m. City Manager Jackson stated that there was an important briefing scheduled for the Pre-Council Worksession on July 2, 2002, and requested this item be continued for one week to allow him an opportunity to possibly reschedule the briefing. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that OCS-1287 be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 3 of 22 G-13639 There was presented Mayor and Council Communication No. G- Ord. #15125 13639 from the City Manager recommending that the City Council Accept accept donations totaling $16,595.00; and adopt Appropriation "Cowtown Brush Ordinance No. 15125 increasing estimated receipts and Up" Project appropriations in the Special Trust Fund in the amount of Contributions $16,595.00 from available funds for the purpose of funding the "Cowtown Brush Up" paint program. It was the consensus of the City Council that the recommendation be adopted. G-13640 There was presented Mayor and Council Communication No. G- Reallocate Funds 13640 from the City Manager recommending that the City Council for authorize the reallocation of $47,120.79 in Model Blocks funding Reconstruction from the Fairmount Home Improvement Program Loan account to of College Ave. the Fairmount Street Reconstruction account to cover full and Henderson reconstruction costs for College Avenue (from South Jefferson St. Avenue to Allen Avenue), and Henderson Street (from West Allen Avenue to Arlington Avenue West). It was the consensus of the City Council that the recommendation be adopted. G-13641 There was presented Mayor and Council Communication No. G- Ord. #15126 13641 from the City Manager recommending that the City Council Grant Franchise adopt Ordinance No. 15126 granting a license and franchise to to CityNet for CityNet Telecommunications, Inc. (CityNet) for use of the sewer Construction, system, storm drain system and other portions of public rights-of- Installation and way in the City of Fort Worth for the purpose of constructing, Maintenance of installing, operating, maintaining and repairing a fiber optic cable Fiber Optic Cable network; requiring acceptance and execution of a utility license Network and public right-of-way use agreement by CityNet Telecommunications, Inc. and CityNet U.S. Operating Company regarding conditions and requirements related to the use of the sewer system, storm drain system, and other portions of the public rights-of-way in the City of Fort Worth; to the construction and maintenance of a fiber optic cable network; and to reasonable compensation to the City of Fort Worth for the use of the sewer system, storm drain system and other portions of the public rights-of-way. It was the consensus of the City Council that the recommendation be adopted. G-13642 There was presented Mayor and Council Communication No. G- Ord. #15127 13642 from the City Manager recommending that the City Council: Payment to Law Offices of Jim 1. Accept $28,767.03 from Southwestern Bell Telephone Boyle (Southwestern Bell) for reimbursement of rate case expenses incurred during the appeal of the City's rate case against Southwestern Bell (Public Utility Commission of Texas Docket No. 18509); and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 4 of 22 2. Adopt Supplemental Appropriation Ordinance No. 15127 increasing estimated receipts and appropriations in the Property and Casualty Insurance Fund in the amount of $28,767.03 from available funds reimbursed by Southwestern Bell Telephone for payment to the Law Offices of Jim Boyle for Southwestern Bell Telephone rate case expenses; and 3. Authorize payment of $28,767.03 to the Law Offices of Jim Boyle for legal services performed on behalf of the City of Fort Worth during the appeal of the City's rate case against Southwestern Bell (Public Utility Commission of Texas Docket No. 18509). It was the consensus of the City Council that the recommendation be adopted. G-13643 There was presented Mayor and Council Communication No. G- Payment to North 13643 from the City Manager recommending that the City Council Central Texas authorize payment in the amount of $11,451.00 to the North Council of Central Texas Council of Governments as the City's share of the Governments for Feasibility Study of the Upper Trinity River Basin for FY2001-2002. Feasibility Study It was the consensus of the City Council that the recommendation be adopted. G-13644 There was presented Mayor and Council Communication No. G- Dedication Deed 13644 from the City Manager recommending that the City Council from Hickman approve the acceptance of a dedication deed from Hickman Investments, Inc. Investments, Inc. for public rights-of-way to the West Community Park for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. G-13645 There was presented Mayor and Council Communication No. G- Res. #2842 13645 from the City Manager recommending that the City Council: 2030 Transit System Vision, 1. Adopt Resolution No. 2842 endorsing the 2030 Transit Locally Preferred System Vision, Locally Preferred Alternative, Starter Project Alternative, and financial plan as recommended by the Transit Study Starter Project Committee; and 2. Authorize the City Manager, in cooperation with the Fort Worth Transportation Authority, to submit an application to the Federal Transit Administration requesting authorization to proceed into preliminary engineering for the Starter Project; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 5 of 22 3. Authorize the City Manager to use unspecified funds in the amount of $75,000.00 from City Match Major Transportation and Urban Design Grants which were appropriated by the City Council in January 2002 from the Critical Capital Projects Fund of the $45,000,000.00 Certificates of Obligation program for the City's local match for a federal Congestion Mitigation and Air Quality grant in order to conduct preliminary engineering. Sam Sherrard Mr. Sam J. Sherrard, 4905 Boulder Lake Road, appeared before Council and expressed opposition to the resolution. He stated that buses would be better utilized if they were a clean and safe way to travel around the City. He added that once rails go into the ground they were permanent, but bus routes could be changed without impacting street reconstruction. Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be amended with the additional verbiage on the revised resolution distributed in the Pre-Council Meeting as follows: "WHEREAS the Executive Committee of The T on June 6, 2002, requested that the City Council "consider actual and projected impacts on public transportation when creating or regulating other transportation-related projects and when planning for land use and annexations." "5. That the City Council directs City staff to review the Transportation and Land Use elements of the 2002 Comprehensive Plan with respect to The T's request regarding transportation and land use planning, and recommend appropriate amendments to the City's policies as part of the annual update of the Comprehensive Plan." After a lengthy discussion, the motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 6 of 22 G-13646 There was presented Mayor and Council Communication No. G- Waiver of 13646 from the City Manager recommending that the City Council Building Permit find that a waiver of building permit fees for the World Changers Fees for World program carries out a public purpose; and find that there are Changers sufficient controls to ensure the public purpose is carried out; and Program authorize a waiver of building permit fees in an amount not to exceed $3,000.00. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. G-13647 There was presented Mayor and Council Communication No. G- Res. #2843 13647 from the City Manager recommending that the City Council: Employment of Outside Legal 1. Authorize the City Manager to retain the law firm of Varnum, Counsel Riddering, Schmidt & Howlett, L.L.P. (Varnum, Riddering) as Regarding outside counsel, pursuant to Chapter VI, Section 3 of the Franchise Fee City Charter, to assist the City Attorney in reviewing Payments by franchise fee payment issues under the cable franchise Charter granted to Charter Communications, Inc.; and Communications, Inc. 2. Adopt Resolution No. 2843 authorizing the City Attorney to retain the law firm of Varnum, Riddering, Schmidt & Howlett, L.L.P. for assistance regarding franchise fee payments by Charter Communications, Inc.; and 3. Authorize the City Manager to execute a related Professional Services Contract with Varnum, Riddering for a sum not to exceed $15,000.00 Council Member Silcox informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Silcox CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 7 of 22 P-9617 There was presented Mayor and Council Communication No. P- Mowing and 9617 from the City Manager recommending that the City Council: Clean-Up Services 1. Authorize non-exclusive purchase agreements with multiple vendors to provide mowing and clean-up services for privately-owned properties for the Code Compliance Department, based on the four lowest bids meeting specifications with payments due 30 days after the date of the invoice; and Vendors Total Bid Amount Southern Sprinkler/Millennium Lawn $355,050.00 Care Coffey's Landscape Services, Inc. $437,825.00 New Era Contract Services $524,520.00 City Haul $602,561.25 2. Authorize these agreements to begin June 11, 2002, and expire June 10, 2003, with options to renew for two successive one-year periods. Council Member Haskin asked that before the agreements are executed that they contain provisions to require the vendors to clean up all trash and debris created from mowing. Mr. Carl Smart, Code Compliance Department Director, stated that all agreements included clean up provisions and advised Council that the Department would be closely monitoring the contractors. He further advised that a departmental procedure had been implemented to deal will double mowing errors and whenever owners experience this the department would take steps to correct the bill. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. P- 9617 be adopted. The motion carried unanimously. P-9618 There was presented Mayor and Council Communication No. P- 2002 Trucks 9618 from the City Manager recommending that the City Council authorize the purchase of new 2002 trucks from Lawrence Marshall Ford for various City departments at the low bid at a cost not to exceed $580,383.00, with payment due within 30 days of the date of the invoice and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 8 of 22 P-9619 There was presented Mayor and Council Communication No. P- Portable Horse 9619 from the City Manager recommending that the City Council Stalls authorize the purchase of portable horse stalls from Outfield Shelters, Inc. for the Public Events Department, based on the low bid of unit prices received, for a cost not to exceed $175,957.25, with payment due 30 days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9620 There was presented Mayor and Council Communication No. P- Toro 580D 9620 from the City Manager recommending that the City Council Tractor authorize the purchase of a Toro 580D tractor and accessories from an interlocal purchasing program for the Parks and Community Services Department at a cost not to exceed $49,266.80, with payment due within 30 days of the date of the invoice, freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9621 There was presented Mayor and Council Communication No. P- Reject Bids for 9621 from the City Manager recommending that the City Council Paint Preparation reject all bids received for the Cowtown Brushup 2002 paint Services for preparation services; and authorize this agreement to be rebid. Cowtown Council Member Moss made a motion, seconded by Council Brushup 2002 Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-13316 There was presented Mayor and Council Communication No. L- Office Space 13316, dated June 4, 2002, from the City Manager recommending that the City Council authorize the City Manager to execute a lease agreement with Carrol Yale for approximately 2,400 square feet of office space at 5924 Boca Raton for the Police Department for a cost of $20,400.00 per year; and authorize this agreement to begin May 1, 2002, and expire April 30, 2003, with three additional one- year options to renew. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-13319 There was presented Mayor and Council Communication No. L- Amend Lease 13319 from the City Manager recommending that the City Council Agreement for authorize the City Manager to execute an amendment to the lease Office Space agreement with the United States of America for office space on the ground floor of the Municipal Parking Garage located at 321 West 10th Street. The proposed amendment will reduce the amount of office space by 969 square feet, from 1,790 square feet to 821 square feet. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 9 of 22 L-13320 There was presented Mayor and Council Communication No. L- Permanent Utility 13320 from the City Manager recommending that the City Council Easement and authorize the acceptance of one permanent utility easement Permanent described as A1151, J. A. McNutt Survey, from Harbour Monticello Sanitary Sewer Estates, Ltd. and one permanent sanitary sewer line easement Line Easement described as A55, ACH&B Survey, from Bonds Ranch Investors, Ltd. (DOE 3537) both in Tarrant County, Texas, needed for the construction, maintenance, relocation, inspection, operation, replacement and substitution of a sanitary sewer line for a total cost of $11.00. It was the consensus of the City Council that the recommendation be adopted. L-13321 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13321, Authorize the Sale of Tax Foreclosure Property Located at 2921 East Belknap Street to BWJW, LLC in Accordance with Section 34.015 of the Texas State Property Tax Code (DOE 920), be withdrawn from the agenda. L-13322 There was presented Mayor and Council Communication No. L- Permanent Utility 13322 from the City Manager recommending that the City Council Easements authorize the acceptance of two permanent utility easements described as A-1497, T. Benjamin Survey, Tarrant County, Texas, from B. N. Mitchell and BNM Properties, respectively, for the Glen Mills Village Development (DOE 3590) needed as right-of-way for the construction, maintenance, relocation, inspection, operation, replacement and substitution of drainage and utilities for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13323 There was presented Mayor and Council Communication No. L- Avigation 13323 from the City Manager recommending that the City Council Easements authorize the acceptance of avigation easements described as Lot 9 and 10, Block 95 (3117 and 3119 Prospect Avenue), M. G. Ellis Addition, from Homesite Customs Homes, Inc. for the Fort Worth Meacham International Airport Noise Mitigation Program for a total cost of $2.00; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13324 There was presented Mayor and Council Communication No. L- Permanent Utility 13324 from the City Manager recommending that the City Council Easement authorize the acceptance of one permanent utility easement described as Lot 10, Block E, Newport Village at Trinity, Tarrant County, Texas, from Newport Holdings, Inc. (DOE 3618) needed for CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 10 of 22 the construction, maintenance, relocation, inspection, operation, replacement and substitution of a sanitary sewer line for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13325 There was presented Mayor and Council Communication No. L- Permanent 13325 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition and acceptance of one permanent sanitary Easement sewer easement described as part of J. P. Thomas Survey, Abstract No. 1525, Tarrant County, Texas, from the estate of Robert Sayers, deceased, and estate of Margaret Lucy Sayers, deceased, required for Sanitary Sewer Main Replacement Contract 2002A (DOE 3553) for a cost of $2,000.00. It was the consensus of the City Council that the recommendation be adopted. L-13326 There was presented Mayor and Council Communication No. L- Rights-of-Way 13326 from the City Manager recommending that the City Council Parcels approve the acquisition of four rights-of-way parcels described as Lots 16-17 Block 2, and Lots 12-13, Block 3, Weisenberger Addition, from Juanita Watkins and Rufino Ojeda, respectively, and Lots 36-37, Block 17 and Lot 14, Block 16, Fairview Heights Addition, from David Scriven and Angel Chavero, respectively, all in Tarrant County, Texas, for street improvements on Fogg Street (DOE 2198) for a total cost of $363.00. It was the consensus of the City Council that the recommendation be adopted. L-13327 There was presented Mayor and Council Communication No. L- Lease Extension 13327 from the City Manager recommending that the City Council for Office Space authorize the City Manager to execute a lease extension for office space located at 1940 Handley Drive from Stephen L. and Susan C. Patterson for the Police Department at a cost of $9,600.00 per year; and authorize the lease extension to begin July 1, 2002, and expire June 30, 2003. It was the consensus of the City Council that the recommendation be adopted. L-13328 There was presented Mayor and Council Communication No. L- Lease Agreement 13328 from the City Manager recommending that the City Council for T-Hangar Unit authorize the City Manager to execute a T-Hangar Lease 19S-7 at Fort Agreement with Innovative Capital Solutions, Inc. for T-Hangar Worth Meacham Unit 19S-7 at Fort Worth Meacham International Airport. It was the Airport consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 11 of 22 L-13329 There was presented Mayor and Council Communication No. L- Lease Agreement 13329 from the City Manager recommending that the City Council for T-Hangar Unit authorize the City Manager to execute a T-Hangar Lease 24S-1 at Fort Agreement with 7L's, LLC, for T-Hangar Unit 24S-1 at Fort Worth Worth Meacham Meacham International Airport. It was the consensus of the City Airport Council that the recommendation be adopted. L-13330 There was presented Mayor and Council Communication No. L- Lease Agreement 13330 from the City Manager recommending that the City Council for Office Space authorize the City Manager to execute an annual Terminal Building at Fort Worth Office Lease Agreement with Skywings Flight Training, Inc. for 749 Meacham Airport square feet of office space on the first floor of the Terminal Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. PZ-2387 There was presented Mayor and Council Communication No. PZ- Ord. #15128 2387 from the City Manager recommending that the City Council Fire Lane, adopt Ordinance No. 15128 vacating a 26-foot wide by 218.58-foot Emergency long fire lane, emergency access and utility easement in Lot 4R, Access & Utility Block 9, Cityview Addition, Fort Worth, Tarrant County, Texas. It Easement was the consensus of the City Council that the recommendation Vacation be adopted. (VA-02-024) PZ-2388 There was presented Mayor and Council Communication No. PZ- Ord. #15129 2388 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15129 vacating a 10-foot wide by 150-foot Vacation long utility easement within Lot 1, Block 19R, Chamberlin (VA-02-038) Arlington Heights Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2389 There was presented Mayor and Council Communication No. PZ- Ord. #15130 2389 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 15130 vacating a portion of Eagle Mountain (VA-02-044) Dam Road within Lots 1 and 2, Block 1, Strawberry Creek Estates, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-19116 There was presented Mayor and Council Communication No. C- Ord. #15131 19116 from the City Manager recommending that the City Council: TDHCA 1. Authorize the City Manager to accept additional funds from the Texas Department of Housing and Community Affairs (TDHCA) in the amount of $384,481.00 for the period April 1, 2001, through March 31, 2003; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 12 of 22 2. Authorize the City Manager to enter into a contract with TDHCA for $384,481.00 in additional weatherization funds for the period April 1, 2001, through March 31, 2003; and 3. Adopt Appropriation Ordinance No. 15131 increasing estimated receipts and appropriations in the Grants Fund in the amount of $384,481.00 from available funds for the purpose of funding the Weatherization Assistance Program; and 4. Apply indirect costs at a rate of 12.02 percent, which represents the most recently approved rate for this department. It was the consensus of the City Council that the recommendation be adopted. C-19117 There was presented Mayor and Council Communication No. C- Ord. #15132 19117 from the City Manager recommending that the City Council: Marpave, Inc. 1. Authorize the transfer of $354,931.37 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund in the amount of $147,057.49, and the Water Capital Project Fund in the amount of$207,873.88; and 2. Adopt Appropriation Ordinance No. 15132 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $147,057.49, and in the Water Capital Project Fund by $207,873.88 from available funds for the purpose of funding an award of contract to Marpave, Inc. for reconstruction of Rockwood Drive from Churchill Road to east dead end; and 3. Authorize the City Manager to execute a contract with Marpave, Inc. in the amount of $692,353.57 for the reconstruction of Rockwood Drive from Churchill Road to the east dead end for new asphalt pavement including water and sanitary sewer improvements. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 13 of 22 C-19118 There was presented Mayor and Council Communication No. C- Bar 19118 from the City Manager recommending that the City Council Constructors, authorize the City Manager to execute a contract with Bar Inc. Constructors, Inc. for Rolling Hills Water Treatment Plant — Facilities Upgrade and 40 MGD Expansion, Phase 2 — Backwash Supply System in the amount of $5,241,200.00. It was the consensus of the City Council that the recommendation be adopted. C-19119 There was presented Mayor and Council Communication No. C- Reynolds 19119 from the City Manager recommending that the City Council Asphalt and authorize the City Manager to execute a contract with Reynolds Construction Asphalt and Construction Company in the amount of $30,776.50 Company for parking improvements at the Log Cabin Village. It was the consensus of the City Council that the recommendation be adopted. C-19120 There was presented Mayor and Council Communication No. C- Smart City 19120 from the City Manager recommending that the City Council Networks authorize the City Manager to execute an agreement for communications services (voice and data) from Smart City Networks for the exhibitors and facility users of the Fort Worth Convention Center based on the best rated proposal; and authorize the agreement to begin June 11, 2002, and expire June 10, 2003, with options to renew for five additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public Montgomery hearing for the proposed 108 Grant Application for Montgomery Park Business Park Business Center. Mayor Barr asked if there was anyone Center present desiring to be heard. Tom Higgins, Economic Development Director, presented a staff report and requested that the item be continued until June 18, 2002. There being no one else present desiring to be heard in connection with the proposed 108 Grant Application for Montgomery Park Business Center, Council Member Davis made the motion, seconded by Council Member Haskin, that the public hearing be continued until June 18, 2002. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 14 of 22 ZC-01-018A It appeared that the City Council, at its meeting of April 9, 2002, Continued Until continued the hearing of Zoning Docket No. ZC-01-018A, Text August 13, 2002 Amendment regulating telecommunications towers and stealth telecommunications towers. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Docket No. ZC-01-018A, Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. ZC-01-018A be continued until August 13, 2002. The motion carried unanimously. ZC-01-1052 It appeared that the City Council, at its meeting of May 14, 2002, SP-01-1018 continued the hearing of the application of Kelly Capital Returned to Investments for a change in zoning of property located at 250 Zoning University Drive from "C" Medium Density Multi-Family to "PD/SU" Commission Planned Development/Specific Use for all uses in "E" Neighborhood Commercial for retail/showroom for equipment rental plus outdoor storage and display, hours of operation 7:00 a.m. to 5:30 p.m., Monday through Saturday, no storage of material above height of fence, and no intrusion by lights on adjacent property, Zoning Docket No. ZC-01-1052 and Site Plan No. SP-01- 1018. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Kelly Capital Investments, Council Member Davis made a motion, seconded by Council Member Wentworth, that Zoning Docket No. ZC-01-1052 and Site Plan No. SP-01-1018 be returned to the Zoning Commission. The motion carried unanimously. ZC-02-047 It appeared that the City Council, at its meeting of April 9, 2002, Continued Until continued the hearing for the application of Waterchase Land September 10, Partners for a change in zoning of property located at 8900 Creek 2002 Run Road from "F" General Commercial to "C" Medium Density Multi-Family, Zoning Docket No. ZC-02-047. Mayor Barr asked if there was anyone present desiring to be heard. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Blvd. #406, representing the owner, appeared before Council and stated that the requested delay would provide time to re-evaluate the potential of the property. He assured Council that he would provide a significant revision of the case if granted the September 10, 2002 extension. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 15 of 22 Council Member Haskin requested that the applicant include the neighborhood of Bentley Village during the re-evaluation process. She also expressed concern with the number of times this case has been continued and suggested Council deny the zoning change without prejudice. There being no one else present desiring to be heard in connection with the application of Waterchase Land Partners, Council Member Moss made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-02-047 be continued until September 10, 2002. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: None Regular Zoning It appeared to the City Council that Resolution No. 2836 was Hearing adopted on May 21, 2002, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on May 23, 2002. Mayor Barr asked if there was anyone present desiring to be heard. SP-02-0003 Council Member Haskin expressed concern with the use of the Continued One placement of the three sheds on this property and requested the Week applicant provide clarification. David Phillips Mr. David Phillips, 914 Gillhad, River Oaks, Texas, representing Tarrant County, responded that the three sheds were in-house facilities to be used for impoundment of vehicles and a guard station. He stated that he had met with the Bonnie Brae Homeowners Association and they had reached an agreement on various elements of the property. He added that the wood veneer fence would be on the outside, which would be seen by the public and the metal fence, inside the perimeter, would provide additional security for storage of vehicles. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 16 of 22 Council Member Haskin stated that she was not informed of vehicles being stored on this property when she met earlier with the applicant and would like additional time to meet with the applicant again and review allowable uses. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the application of Tarrant County for property located at 2701 Kimbo Road to amend site plan for "PD- 325" Planned Development for a Detention Center to add four buildings, an 8-foot fence, and a 10-foot setback, Site Plan No. SP- 02-0003 be continued for one week. The motion carried unanimously. ZC-02-0113 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of the City of Fort Worth for a change in zoning of property located at 3011 Lulu Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-0113, be approved. The motion carried unanimously. ZC-02-0114 Council Member Lane made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth for a change in zoning of property located at 2618 Northwest 22nd Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-0114, be approved. The motion carried unanimously. ZC-02-0115 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located at 1028 East Ramsey Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-0115, be approved. The motion carried unanimously. ZC-02-0116 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wentworth, that the application of the City of Fort Worth for a change in zoning of property located at 2928 Dunford Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-0116, be approved. The motion carried unanimously. ZC-02-0117 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Moss, that the application of the City of Fort Worth for a change in zoning of property located at 1417 East Allen Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-0117, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 17 of 22 ZC-02-0118 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located at 1035 Northeast 10th Street from "J" Medium Industrial to "I" Light Industrial, Zoning Docket No. ZC-02-0118, be approved. The motion carried unanimously. ZC-02-0119 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth for a change in zoning of property located at 4245 Wilbarger Street from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-02-0119, be approved. The motion carried unanimously. ZC-02-0120 Council Member Moss made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located at 5100 Sunshine Drive from "B" Two-Family to "A-7.5" One-Family, Zoning Docket No. ZC-02- 0120, be approved. The motion carried unanimously. ZC-02-0121 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth for a change in zoning of property located at 5400 Pinson Street from "B" Two-Family to "A-10" One-Family, Zoning Docket No. ZC-02- 0121, be approved, by amending the zoning to "A-21" One-Family. The motion carried unanimously. ZC-02-0122 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Joe and Marcella Barrera for a change in zoning of property located at 1109 Oak Grove Road East from "AG" Agricultural to "A-43" One-Family, Zoning Docket No. ZC-02-0122, be approved. The motion carried unanimously. ZC-02-0123 Mr. Jim Schell, 901 Fort Worth Club, representing the purchaser, Approved appeared before Council and provided a briefing on the planned Jim Schell development for this area, and stated that the property was preliminary-platted. He requested Council uphold the decision of the Zoning Commission and approve the zoning change. Council Member Haskin made a motion, seconded by Council Member Lane, that the application of Realti Corporation for a change in zoning of property located in the 43-4400 Block of Fossil Creek Boulevard and the 58-5900 Block of North Beach Street from "G" Intensive Commercial to "A-5" One-Family, Zoning Docket No. ZC-02-0123, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 18 of 22 ZC-02-0124 Council Member Wentworth made a motion, seconded by Council Approved Member Davis, that the application of Lauren Schreyer for a change in zoning of property located at 5017 El Campo Avenue from "C" Medium Density Multi-Family to "FR" General Commercial Restricted, Zoning Docket No. ZC-02-0124, be approved. The motion carried unanimously. ZC-02-0125 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Sandra Petty for a change in zoning of property located 836 Riverside Drive from "F" General Commercial to "A-5" One-Family, Zoning Docket No. ZC-02-0125, be approved. The motion carried unanimously. ZC-02-0126 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of TIC United Corporation for a change in zoning of property located at the Northwest corner of Angle Avenue and Limestone Acres from "K" Heavy Industrial to "A-5" One-Family, Zoning Docket No. ZC-02-0126, be approved. The motion carried unanimously. ZC-02-0127 Council Member Davis made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth for a change in zoning of property described below, Zoning Docket No. ZC-02-0127, be approved, as reflected: From "J" Medium Industrial to "H" Central Business District Lots 1A, 1 B, 2, 3, 4A & 413, Block 22 (510 East 1 S Street) Lot 16A, Block 29 (610 East 1St Street) Lots 15A & 16B, Block 29 (612 East 1St Street) Lots 14A & 15B, Block 29 (616 East 1St Street) Lot 14B, Block 29 (700 East 1St Street) Lot 13, Block 29 (704 East 1St Street) Lot 12, Block 29 (708 East 1St Street) Lot 11A, Block 29 (712 East 1St Street) Lots 1 & 2 (less R.O.W.), Block 39 (312 East 2nd Street) Lot 1A, Block 43 (410 East 2nd Street) Lots 1-7, Block 29 (601 East 2nd Street) Lots 3A, 313, 4, 5A, 513, 5C, 6A, 6C, 6D, Block 31 (612 East 2nd Street) Lot 2, Block 31 (702 East 2nd Street) Lot 1A, Block 31 (712 East 2nd Street) Lots 3 & 4, Block 39 (301 East Yd Street) CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 19 of 22 Lots 1 B, 213, 3 & 4, Block 43 (401 East Yd Street) Lot 3131A, Block 37 (500 Block of East Yd Street) Lots 1R, 2A, 213, 2C, 3A1, 3A2, 3131, 3132 & 4, Block 37 (509 East Yd Street) Lots 9A, 10, 15, Block 31 (700 Block of East Yd Street) Lots 11 A, 11 B, 11 C, 12A, 12B, 13 & 14, Block 31 (615 East 4th Street) Lot 11 B, Block 29 (200 Elm Street) Lot 10, Block 29 (204 Elm Street) Lot 9, Block 29 (208 Elm Street) Lot 8 (less R.O.W.), Block 29, (212 Elm Street) Lots 1A, 1 B, 1 C, 2, 3, 4A & 413, Block 56 (401 Grove Street) Lots 1 R, 1A & 1 B, Block 33 (201 Jones Street) Lots 3A1, 3A2, 3B & 4, Block 33 (209 Jones Street) Lot 2A, Block 43 (301 Jones Street) Lot 613, Block 31 (308 Terry Street) Lots 7 & 8A, Block 31 (313 Terry Street) From "G" Intensive Commercial (Lots 1-4) and "J" Medium Industrial (Lots 5 & 6) to "H" Central Business District Lots 1-6, Block 35 (500 East Weatherford Street) The motion carried unanimously. ZC-02-0128 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of L&S Land Company for a change in zoning of property located at the Northeast corner of Azle Avenue and Sherman Avenue from "C" Medium Density Multi-Family, "F" General Commercial, "G" Intensive Commercial and "I" Light Industrial to "A-5" One-Family, "C" Medium Density Multi-Family, "E" Neighborhood Commercial, "G" Intensive Commercial and "PD" for all uses in "A-5" One-Family with minimum lot size of 4,100 square feet and minimum lot width of 41 feet, Zoning Docket No. ZC-02-0128, be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 20 of 22 ZC-02-0129 Council Member Picht made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Weatherford Venture for a change in zoning of property located in the 500-600 Block of Rendon-Crowley Road from "C" Medium Density Multi-Family to "A-5" One-Family, Zoning Docket No. ZC-02-0129, be approved. The motion carried unanimously. ZC-02-0130 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Pennsylvania Avenue, L.P. for a change in zoning of property located in the 700-800 Blocks of West Rosedale Street from "G" Intensive Commercial and "PD-331" Planned Development/Specific Use for all uses in "G" Intensive Commercial and Multi-Family to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-02-0130, be approved. The motion carried unanimously. Council Member Davis expressed appreciation to the owner of this property for working with the City on the development and for bringing quality development to this area. ZC-02-0132 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located at 7504 Teakwood Court, 2008 Teakwood Trace, 7608, 7612 Willowood Court, 7651, 7654, 7655 Woodberry Court, 2001, 2005, 2013, 2201, 2205, 2209 Woodberry Drive from "A-5" One-Family to "A-10" One-Family, Zoning Docket No. ZC-02-0132, be approved. The motion carried unanimously. ZC-02-0043 Mr. Tim Cogswell, 2209 Twin Elms, Arlington, Texas, representing SP-02-0005 the owner of the property, appeared before Council and stated the Denied Zoning Commission's vote to deny was a close 5 to 4 vote. He Tim Cogswell added that he was not given an opportunity to rebut a speaker's statements of opposition at the Zoning Commission meeting and that he had letters of support from owners of properties around this area. He further stated that he had a letter stating that no contract had been signed with Habitat for Humanity to utilize this property and requested that Council set this for a special hearing. Council Member Moss made a motion, seconded by Council Member Davis, that the application of Bruce G. Rocheleau for a change in zoning of property located at 3620, 3624, 3628 Frazier Court from "AG" Agricultural to "PD/SU" Planned Development/ Specific Use for electrical contractors office/warehouse, Zoning Docket No. ZC-02-0043 and Site Plan No. SP-02-0005, be denied. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 21 of 22 ZC-02-0111 Council Member Wentworth made a motion, seconded by Council Denied Member Silcox, that the application of Doug Dollar for a change in zoning of property located at 6336 North Ridge Road from "A-5" One-Family to "FR" General Commercial Restricted, Zoning Docket No. ZC-02-0111, be denied. The motion carried unanimously. ZC-02-0131 Mr. Roderick Bell, 3717 S. Littlejohn Avenue, appeared before Denied Council in opposition of the denial. He leases this property and Roderick Bell stated that he had met with Pastors in the area and received their support for this business. He added that he also had a petition signed by 250 residents of the area in support of his request and asked for Council's favorable consideration of the zoning change. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of Phoebe Sauls for a change in zoning of property located at 2600 Martin Luther King Freeway from "FR" General Commercial Restricted to "E" Neighborhood Commercial, Zoning Docket No. ZC-02-0131, be denied. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15133 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 11, 2002 PAGE 22 of 22 Citizen Mr. Theotis Mayberry, 1932 Greenwillow Drive, appeared before Presentations Council regarding the Transportation Authority bus routes. He Theotis Mayberry stated that the City of Fort Worth should take a more active role in utilization of City buses by Fort Worth citizens and that the City needed to be more responsive to the needs of the passengers. He expressed concern with The T's plan to delete Route 44, his bus route, and the distance he would have to walk to catch another bus. Council Member Haskin stated that better communication between The T board, Transportation Authority staff and passengers was needed relative to cancellation of bus routes and the impact to the citizens of Fort Worth. Mayor Barr advised Council Members to speak with their respective appointees serving on The T Board and express their concerns. Chip Diano Mr. Chip Diano, 554 S. Summit Avenue #1010, appeared before Council and expressed concern with the scheduled closure of the Tandy Center parking area. Vivian Whisnant Ms. Vivian Whisnant, 13606 Yale Trail, Saginaw, Texas, appeared before Council relative to the proposed annexation. She asked what single member district she would be in after completion of the redistricting process, who her Council representative would be, and who had the responsibility for mowing grass at the intersections in her area. Mayor Barr stated that although the redistricting process did not include areas that were not presently in the City, she would most likely be in District 2 or 7. He added that staff would contact her in response to her mowing concerns. Adjournment There being no further business, the meeting was adjourned at 8:37 p.m. CITY SE ARY MAYOR